03-22-95 Council Minutes - Laserfiche WebLink

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MINi7TES CITY COUNCIL MARCH 22, 1995 each are by simple majority, and declared that this issue should be referred to the Planning Commission for a recommendation. Motion seconded by LaValle. The City Attorney reported that amendments to the Zoning Code require both a public hearing as well as comment from the Planning Commission. These requirements are not necessary for amendments to the Subdivision Code. Fahey felt that variances to each Code should be handled in the same way since variances require departures from normal standards. That is what other cities are doing. Pedersen pointed out that the City Attorney has indicated that both ordinances require a weighted majority. Pedersen felt that the current status of the Subdivision Ordinance needed to be resolved. Fahey stated that he would be comfortable with leaving the status of both ordinances at a weighted majority. However, he is looking at the results of the survey and the fact that other cities require a simple majority. Scalze felt that each ordinance should be handled separately. Fahey suggested that the issue be referred to the Planning Commission for a recommendation on both ordinances. Fahey felt that variances to either ordinance should be by either simple or weighted majorities, and that it would not make sense to have one ordinance a simple majority and the other weighted. Scalze pointed out that the Code was written in 1980, and that it was very clear that the Council wanted variances to the Subdivision Code by simple majority. Pedersen pointed out that in reality it was never by simple majority because of the reference to Board of Adjustment and Appeal which is bound by a weighted majority. Scalze stated that for the past 20 years the Council has handled Zoning Code variances, CUP's, and rezonings with a weighted majority vote. 14